28964. Misbranding of canned cherries.    U. S. v. 500 Cases of Canned Cherries.
Consent decree of condemnation.    Product released under bond for re- 
labeling.    (F. & D. No. 41608.    Sample Nos. 29699-C, 368-D, 375-D.)
This product fell below the standard established by this Department because 
it contained an excessive number of pits.
On February 3, 1938, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 500 cases of canned 
cherries at Los Angeles, Calif., alleging that the article had been shipped in 
interstate commerce on or about January 3, 1938, from Seattle, Wash., by 
R. D. Bodle Co., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Haas, Baruch & Co., Los Angeles, 
Calif. Distributors * * * Black and White Brand Red Sour Pitted 
Cherries."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture since there was present more than 1 cherry pit per 20 ounces of net 
contents, and its package or label did not bear a plain and conspicuous state- 
ment prescribed by the Secretary of Agriculture indicating that it fell below 
such standard.
On March 29, 1938, R. D. Bodle, Co., claimant, having consented to the 
entry of a decree, judgment of condemnation was entered and the product was 
ordered released under bond conditioned that it be relabeled under the super- 
vision of this Department
M. L. WILSON, Acting Secretary of Agriculture.